Circular No. 3290 — Identification and Registration of Check Deposit and Settlement Operations and Issuance of Resource Transfer Instruments

Circular No. 3,290, of September 5, 2005

CIRCULAR NO. 3,290

Provides for the identification and registration of check deposit operations and the settlement of checks deposited in another financial institution, as well as the issuance of resource transfer instruments.

The Collegiate Board of the Central Bank of Brazil, in a session held on August 31, 2005, and September 1, 2005, based on art. 11, item VI, of Law 4,595, of December 31, 1964, and arts. 10 and 11 of Law 9,613, of March 3, 1998,

D E C I D E D:

Art. 1. Establish that financial institutions must proceed with the identification and registration of operations related to the acceptance of check deposits and the settlement of checks deposited in another financial institution, observing the following:

I - in the case of check deposits:

a) the depositing institution must register, at a minimum, the data relating to the value and the number of the deposited check, as well as the clearing code of the institution and the numbers of the agency and the deposit accounts drawn;

b) the drawn institution must register, at a minimum, the data relating to the value and the number of the check, as well as the clearing code of the institution and the numbers of the agency and the deposit accounts of the depositing institutions;

II - in the case of a check used in a simultaneous withdrawal and deposit operation within the same drawn institution, with a view to transferring funds from the depositor's account to third-party deposit accounts, the data relating to the value and the number of the drawn check, as well as the numbers of the drawn and depositing agencies and the respective deposit accounts, must be registered.

§ 1. The provisions of this article also apply to cases of acceptance of deposits of administrative checks, payment order checks, and other compensable documents of the same nature.

§ 2. For the purposes of item I, item "b", it is the responsibility of the depositing institution to provide the drawn institution with the data relating to its clearing code and the numbers of the agency and the deposit accounts of the depositing institutions.

Art. 2. Financial institutions must maintain records of the issuance of administrative checks, payment order checks, payment orders, Credit Document (DOC), Electronic Available Transfer - TED, and other resource transfer instruments, when of a value equal to or greater than R$1,000.00 (one thousand reais), in order to identify, at a minimum:

I - the type and number of the document issued, the date of the operation, the name and registration number of the acquirer or sender in the Register of Natural Persons (CPF) or the National Register of Legal Entities (CNPJ);

II - when paid by check, the clearing code of the institution, the number of the agency and the drawn deposit accounts relating to the check used for the respective payment, including in the case of a check drawn against the same institution issuing the instruments referred to in this article;

III - in the case of a DOC, the identification code of the recipient institution in the respective fund transfer settlement system and the numbers of the agency and the deposit accounts of the depositing institutions;

IV - in the case of a payment order:

a) intended for credit to an account: the numbers of the recipient agency and the deposit account of the depositing institution;

b) intended for cash payment: the numbers of the recipient agency and the registration number of the beneficiary in the CPF or CNPJ.

§ 1. In the case of resource transfer operations involving a natural person residing abroad exempt from registration in the CPF, as defined by the Federal Revenue Secretariat of the Ministry of Finance, the identification provided for in items I and IV, item "b", may be made by the number of the respective passport, complemented by the nationality of the said person and, where applicable, the international organization of which they are a representative to exercise specific functions in the Country.

§ 2. The identification provided for in items I and IV, item "b", does not apply to resource transfer operations involving a legal entity with domicile or headquarters abroad exempt from registration in the CNPJ, as defined by the Federal Revenue Secretariat of the Ministry of Finance.

§ 3. In the case of resource transfer operations carried out by means of TED, the regulatory provisions referred to in art. 4 of Circular 3,115, of April 18, 2002, and subsequent relevant regulation on the matter, must be observed, not applying, therefore, the value limit referred to in this article.

Art. 3. In resource transfer operations carried out by means of DOC, payment order intended for credit to a deposit account, or by any other instrument, the registration number of the beneficiary in the CPF or CNPJ must be identified in the respective document, with the recipient financial institution and agency responsible for verifying the correspondence between the respective number informed and that contained in the deposit account.

Art. 4. It is mandatory to provide the depositor with proof of the deposits made.

Art. 5. The identification and registration of deposits, checks, and other documents referred to in this circular must be maintained in the form of electronic files, available to the Central Bank of Brazil, for a minimum period of ten years, counted from the end of the year in which the operation was carried out.

Sole paragraph. The information referred to in this article must be sent to the competent authority, when requested, in electronic media and according to the layout to be defined by the Department of Combating Illicit Activities and Supervision of Foreign Exchange and International Capital (Decic).

Art. 6. In the case of deposit accounts owned by natural or legal persons, funds, or other collective investment entities with residence, domicile, or headquarters abroad, the specific procedures established regarding the movement of these accounts in accordance with the legislation and current regulation must be observed, in addition to the provisions of this circular.

Art. 7. Compliance with the provisions of this circular does not exempt financial institutions from fulfilling other legal and regulatory obligations regarding the custody of documents and information relating to fund movements carried out through their intermediation.

Art. 8. A maximum period of sixty days is established, counted from the publication of the layout referred to in the sole paragraph of art. 5, for financial institutions to adapt their systems in order to comply with the provisions of arts. 2, 3, and 5.

Art. 9. This circular enters into force on the date of its publication.

Art. 10. Circular 3,030, of April 12, 2001, is hereby revoked.

Brasília, September 5, 2005.

Sérgio Darcy da Silva Alves
Director

This text does not replace the published version in the DOU and Sisbacen.